Do You Need to Apply For ‘Settled Status if There’s a ‘No Deal’ Brexit?

INTRODUCTION

Whether there is a ‘deal’ or a ‘no deal’ with the EU, you will need to apply for ‘settled status’ under the EU Settlement Scheme.

Do You Need to Apply For ‘Settled Status if There’s a ‘No Deal’ Brexit_infog
1. This visa route gives you permanent residence after 3 years.

This visa route gives you permanent residence after 3 years.

The rights & status of EU, EEA & Swiss citizens living in the UK will remain the same until 30 June 2021. The EEA includes the EU countries, Iceland, Liechtenstein & Norway.

If the UK leaves the EU without a deal:

The application deadline is on the 31st December 2020. This means you will need to be living in the UK before this deadline.

You need to apply if:

If your application for EU settlement Scheme is successful, then you will be able to continue living & working in the UK after 30 June 2021.

You will be given either:

  • Settled status
  • Pre-settled status

You will not be asked to choose which status you would like. Instead, it depends on how long you’ve been living in the UK when you apply. Each status has its own rights.


2. Settled status

Settled status

If you have Settled Status, it means you:

You need to apply if:

  • Started living in the UK by 31 December 2020 (or by the date the UK leaves the EU without a deal)
  • Lived in the UK for a continuous 5-year period
    • Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period.
  • You can stay in the UK as long as you like if you get settled status. You’ll also be able to apply for British citizenship if you’re eligible.

3. Pre-settled status

Pre-settled status

  • This is given to you if you do not have 5 years’ continuous residence in the UK.
  • You must have started living in the UK by 31 December 2020 (or by the date the UK leaves the EU without a deal).
  • You can then apply to change this to settled status once you’ve got 5 years’ continuous residence.
  • You can stay in the UK for a further 5 years from the date you get pre-settled status.
4. Your rights with settled or pre-settled status

Your rights with settled or pre-settled status

You’ll be able to:

  • work in the UK
  • use the NHS
  • enrol in education or continue studying
  • access public funds such as benefits & pensions (if you are eligible)
  • travel in & out of the UK

5. If you want to bring family to the UK

If you want to bring family to the UK

Your family can join you in the UK before 31 December 2020 (or before 31 December 2025 if you are a Swiss citizen). They’ll need to apply to the EU Settlement Scheme once they are here.

You may still be able to bring family after 31 December 2020. But it will depend on where you’re from, when your relationship with your family member started, & whether the UK leaves the EU with or without a deal. If you cannot bring your family under the EU Settlement Scheme, it is possible to come here though another way, for instance, the family visa.

  • If the UK leaves the EU with a deal

If you’re a citizen of an EU country, Iceland, Liechtenstein or Norway, you’ll be able to bring family to the UK after 31 December 2020 if both of the following apply:

  • your relationship with them began before 31 December 2020
  • you are still in the relationship when they apply

If you’re a Swiss citizen, you’ll be able to bring family to the UK after 31 December 2025 if both of the following apply:

  • your relationship with them began before 31 December 2025
  • you are still in the relationship when they apply
  • If the UK leaves the EU without a deal

If you’re an EU citizen, the deadline for close family joining you in the UK is 29 March 2022. You’ll only be able to bring them here if:

  • your relationship with them began before the UK left the EU
  • you are still in the relationship when they apply

6. When you apply, you’ll need proof of:

When you apply, you’ll need proof of:

  • Your identity
  • Your residence in the UK, unless you have a valid permanent residence document, or valid indefinite leave to remain in or enter the UK
    • Proof of continuous residence: to be eligible for settled status, you need to have lived in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period for 5 years in a row. If you’ve not lived here for 5 years in a row you may still be eligible for pre-settled status.

Apply:

  • The scheme is open.
  • The deadline for applying will be 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal.

7. If you have indefinite leave to enter or remain

If you have indefinite leave to enter or remain

  • You can continue to live in the UK without applying to the EU Settlement Scheme if you have indefinite leave to enter or remain in the UK. However, if you choose to apply, then you’ll get ‘indefinite leave to remain under the EU Settlement Scheme’ (settled status).
  • This means you should be able to spend up to 5 years in a row outside the UK without losing your settled status (instead of 2 years with indefinite leave to enter or remain).
  • If you’re a Swiss citizen, you & your family can spend up to 4 years in a row outside the UK without losing your settled status.
  • You will not have to prove you have 5 years’ continuous residence.
Contact me
WhatsApp chat